| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: In effect, that his dishonorable discharge be upgraded.
APPLICANT STATES: In effect, that he believes he may be entitled to an upgrade of his discharge. He submits no evidence in support of his request.
EVIDENCE OF RECORD: The applicant's original military personnel records may have been lost or destroyed in the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed from documents obtained from alternative sources and in earlier correspondence from the applicant to the Board.
Documents available to the Board indicate that the applicant's original petition to the Board, to upgrade his discharge, was considered and denied. The date of the original action is not reflected in records available to the Board. Subsequent to the original action, the applicant submitted several other requests to the Board to have his discharge upgraded. These requests, one in 1976 (AC75-7429), one in 1978 (un-numbered), and one in 1982 (AC63-07436B), were accepted as requests for reconsideration and considered, but denied. In the absence of the original Board proceedings, this Board has accepted the current application and elected to do a "De Novo" review in order to provide the applicant with a clear understanding why his discharge has not been upgraded. Copies of those denials will be provided to the applicant as part of this Board’s action.
Information available to the Board indicates the applicant entered active duty on 18 September 1952. He indicated in previous correspondence that he was inducted into the Army and did not enlist.
On 10 December 1953, while assigned to the 6th Armored Cavalry Regiment in Germany, the applicant was convicted by a general court-martial, in consonance with his plea, of unlawfully entering the billets of Company G, 6th Armored Cavalry Regiment on 30 September 1953 and stealing $22.00 in Military Payment Certificates and 20 Deutsche Marks belonging to another soldier (violation of Articles 134 and 121 of the Uniform Code of Military Justice). His sentence included a dishonorable discharge, forfeiture of all pay and allowance, and confinement at hard labor for one year. He was transferred to the United States Disciplinary Barracks at New Cumberland, Pennsylvania. His conviction and sentence were affirmed on appeal.
Although there are no discharge orders, or copies of any DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), in available records, a Certification of Military Service, issued by officials at the National Personnel Records Center in St. Louis in 1982 indicates the applicant was dishonorably discharged on 24 February 1954.
Other documents available to the Board indicate the applicant remained in confinement until November 1954 when he was released "by sentence expiration…." A 25 October 1954 document from the Disciplinary Barracks in Pennsylvania indicates a request for clemency was disapproved in May 1954 and that the "conduct of prisoner has been fair. He has forfeited 40 days good conduct time and has earned 6 days extra good time. He was in medium custody. The sentence of this prisoner will expire 1 Nov 54."
Army Regulation 635-200 states that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. Trial by court-martial was warranted and his discharge was accomplished in accordance with applicable laws and regulations. There is no evidence, and the applicant has not provided any, that his separation was unjust or that his rights were jeopardized in any way.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___FNE _ ___LE___ ___TL __ DENY APPLICATION
| CASE ID | AR2001065017 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020328 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2006 | 20060007705
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 February 2007 DOCKET NUMBER: AR20060007705 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which he was convicted. Therefore, the applicant's discharge...
ARMY | BCMR | CY2003 | 2003087092C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. EVIDENCE OF RECORD : The applicant's military records show: The evidence of record also does not support counsel's contention that the applicant lacked maturity.
ARMY | BCMR | CY2001 | 2001062412C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 25 February 1955, he was dishonorably discharged pursuant to the sentence of a general court-martial. He asserted that it was never proven that the camera he was accused of stealing was the property of the other soldier and that if the record of trial was reviewed, it would show that he was right.
ARMY | BCMR | CY2004 | 20040006378C070208
The applicant’s military records are not available to the Board for review. On 8 October 1955, the applicant was separated from the Army with a dishonorable discharge. Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 October 1955, the date of his discharge; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 7 October 1958.
ARMY | BCMR | CY2007 | 20070006372
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 November 2007 DOCKET NUMBER: AR20070006372 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant's military records are not available for review. The applicant requests that the Board pardon his actions during his military service and upgrade his dishonorable discharge.
ARMY | BCMR | CY2005 | 20050003652C070206
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In pertinent part, it states an honorable discharge is a separation with honor. It is also noted a letter dated 29 June 1953, which he provided to the Board, indicated there was evidence the applicant "knew what was going on, and some evidence that he was accepting a rake-off on the proceeds."
ARMY | BCMR | CY2002 | 2002075849C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. On 25 April 1956, the ABCMR determined that the applicant had submitted insufficient evidence to indicate probable material error or injustice and denied the applicant’s request to upgrade his discharge.
ARMY | BCMR | CY2013 | 20130019610
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Army Regulation 615-364, in effect at the time, stated an enlisted person would be dishonorably discharged pursuant only to an approved sentence of a general court-martial imposing dishonorable discharge. His conviction and sentence by general court-martial were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which he was convicted.
ARMY | BCMR | CY2008 | 20080005420
His DD Form 214 issued at the time of his discharge reflects that he was awarded the Distinguished Unit Citation, the Korean Service Ribbon with one bronze service star, the United Nations Service Medal and the Purple Heart. Accordingly, that award should be awarded and added to his records at this time as well. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the ROK-KWSM and by adding that award and his...
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